IP Case Digest · Trade Marks

Kohler Co. v. Registrar of Trade Marks, C.A.(COMM.IPD-TM) 67/2021

Case number
C.A.(COMM.IPD-TM) 67/2021
Date of judgment
Judge
Sanjeev Narula
Outcome
Set aside

Headnote

A refusal under sections 9 and 11 fell on both. The examination report had raised no section 9 objection at all, and a two-word compound run together without a space is a coined term with no direct reference to the goods, suggestive at the highest. Of the four citations one had already been removed from the register before the refusal, two were unrenewed, and the last shared only a single common word, which is not sufficient to establish a likelihood of confusion.

Read the judgment (PDF)

Disposition

Allowed. Refusal order and statement of grounds set aside; the Registry directed to process the application.

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.